If you’ve been injured in an accident — whether it was a car crash in Norwich or a slip and fall in New London — you will eventually reach out to a law firm that promotes itself as handling personal injury cases.  But handling personal injury cases does not guarantee you will receive what you deserve. That is because there are many, many lawyers that say they handle personal injury cases, yet have never gone to trial on behalf of an injured person. If a lawyer has not hired experts, picked a jury, made an argument in Court, and put on evidence, chances are you they cannot advise you properly on a critical issue in any personal injury case: settlement vs. trial.

This choice is rarely about just “getting a check.” It is a strategic decision between a guaranteed result and the risk of a public court proceeding. If your lawyer has never tried a personal injury case, then that lawyer cannot tell you whether settlement or trial is a better route. Understanding how Connecticut law and a lawyer’s experience shapes these two paths is essential for your recovery. More than 95% of case do not go to trial. That means a case can settle early or late. But knowing when to settle is as crucial as whether to go to trial.

Settlement Early vs. Settlement/Trial Late: At a Glance

Feature	Settlement Early	Settlement/Trial Late
Timing	Generally faster (months)	Can take years, depending on the court docket
Control	You decide whether to accept or reject an offer	If trial, a jury of 6 Connecticut residents decides the outcome
Costs	Lower legal and administrative expenses	Higher costs for expert testimony and trial prep
Privacy	Usually private and confidential	A public proceeding recorded in a state court

Why the Choice Matters: The Role of “Maximum Medical Improvement”

One of the most significant issues in settling early is your physical condition after an incident. In Connecticut, we recommend waiting until you reach Maximum Medical Improvement (MMI). This is the point at which a doctor determines that your condition has stabilized, meaning, the doctors have done all they can to put you back in the condition you were before you were hurt.

If you settle before reaching MMI, you risk accepting something that doesn’t account for a future surgery or a permanent disability that you may have. Once you sign a release, you cannot ask for more money later. And if your lawyer knows what he/she is doing, they will know they cannot evaluate the value of your case until you have reached a plateau in recovery.

The Role of Expert Witnesses in Connecticut Personal Injury Cases

If your case moves toward a trial, “experts” become some of the most important people in the room. In Connecticut courts, expert witnesses are used to prove things not usually within a jury’s understanding:

• Accident Reconstructionists: They use physics and data to prove exactly how a crash happened.
• Medical Experts: They explain a physical or mental diagnosis in plain English and testify about future care needs.
• Life-Care Planners: These experts calculate the lifetime cost of living with a serious injury.
• Vocational Experts: If you can no longer work in your previous field, they testify about your lost earning capacity.

Unique Connecticut Laws Impacting Your Decision

1. The 51% Fault Rule (Modified Comparative Negligence)

Under Connecticut law, you can recover damages as long as you are not more than 50% at fault. However, your payout is reduced by your percentage of fault. If a jury finds you 20% responsible, your $100,000 award becomes $80,000. Settlement negotiations always “price in” this risk.

2. The Offer of Compromise “Stick”

Connecticut law encourages fair settlement. If you make a formal “Offer of Compromise” that the insurer rejects or fails to accept, and a jury later awards you an amount equal to or greater than that offer, interest can be added to the judgment. This is a powerful tool to prevent insurance companies from low-balling you and promote settlement.

Frequently Asked Questions (FAQ)

How often do personal injury cases in Connecticut go to trial?

No. Statistics show that over 95% of personal injury cases in Connecticut resolve via settlement before a final verdict is reached.

How long do I have to decide?

Connecticut’s Statute of Limitations (CGS § 52-584) generally the time from the date of the injury to file a lawsuit. If you miss this deadline, your right to seek compensation is likely gone forever.

Will I have to testify if we go to trial?

If your case goes to a full trial, you will likely, but not necessarily be called to testify about how the accident happened and how your life has changed since the injury.  Again, a seasoned trial lawyer can help make that decision, based on the likelihood that a jury will or will not be persuaded by certain evidence.

Is a jury award always higher than a settlement?

No correlation whatsover. Juries are supposed to act as appraisers of the value of what you have lost, but they can also return a verdict that is disappointing if they believe you haven’t proven your case. This uncertainty is why settlements are so common. It is also the reason you should hire a personal injury lawyer that has experience in the courtroom and can assess whether your case should settle or go to trial.  

Final Considerations: Speed vs. Value

When weighing a settlement vs. trial, ask yourself:

1. Is the offer “fair” based on my medical bills and the effects on my life?
2. Do I have the “stomach” for a multi-year court battle?
3. Is there enough insurance coverage for a high jury verdict?

The “best” decision is driven by facts, not pressure. A Connecticut personal injury attorney with experience can review your medical documentation, expert reports, and policy limits to ensure you aren’t leaving money on the table.

If you’ve been involved in a rear-end accident in Connecticut, understanding your rights under state law is critical. A rear-end accident can leave you facing medical bills, vehicle damage, and confusing insurance questions. This article explains how fault is assessed, what compensation may be available, and the exact steps to take after a collision, with clear, Connecticut-specific guidance for drivers in Norwich, New London County, and throughout Connecticut.

Is the Rear Driver Always at Fault?

Not always. In Connecticut, there is a common-law presumption that the following driver is negligent in many rear-end crashes; however, this presumption is rebuttable and does not constitute an automatic statutory violation.

Connecticut state law targets tailgating by requiring a “reasonable and prudent” to follow another driver at a reasonable distance. Courts have clarified that this statute does not apply to every rear‑end accident. In other words, a rear‑end accident in New London County may trigger a presumption against the rear driver. Still, negligence as a matter of law arises only if a specific statute (like following too close) is actually violated based on the facts.

When the Front Driver May Share Fault (Norwich / New London County Examples)

Fault in a rear‑end accident in Norwich can be shared. Under Connecticut’s modified comparative negligence rule, each driver’s conduct is weighed:

• Sudden, unreasonable stops: A lead driver who stops abruptly without justification can share fault.
• Brake‑checking: Intentionally slamming brakes is illegal and negligent, but it doesn’t automatically absolve the rear driver; fault is apportioned between drivers.
• Vehicle defects: Non‑functioning brake lights can breach the duty to maintain brakes in good working order. This can significantly reduce or defeat the front driver’s recovery.
• Reversing/rollback: If a vehicle rolls back on a grade or reverses into another car in traffic, the front driver may be primarily at fault.

These scenarios are fact‑specific. A thorough investigation utilizing photos, witness statements, and sometimes dashcam footage or cameras from nearby businesses, often determines how liability is allocated.

Your Rights Under Connecticut Law

Connecticut follows modified comparative negligence rule

• This means if a plaintiff is 50% or less at fault, he/she can recover damages, reduced by the plaintiff’s percentage of fault.
• If a plaintiff is more than 50% at fault, he/she cannot recover from the other driver.

Recoverable damages include economic (medical bills, lost wages, property damage) and non‑economic (pain and suffering). Connecticut places no cap on pain‑and‑suffering damages. To be eligible, you must have documented damages.  Remember, injuries can be latent. After a rear‑end accident in Eastern Connecticut, symptoms like whiplash or concussion may appear hours or days later, which is why prompt medical evaluation is crucial.

Police Reporting in Connecticut

Connecticut law requires that any motor vehicle accident involving injury, death, or property damage exceeding $1,000 be reported to law enforcement. That means a rear‑end accident in Norwich with a bumper repair estimate over $1,000 must be reported, even if no one appears injured at the scene. Failing to report when required violates state law.

Likelihood of Recovery Based on Assessed Fault (Connecticut’s 51% Rule)

The table below reflects how recovery typically works after a rear‑end accident in Norwich under Connecticut law:

Scenario	Assessed Fault (%)	Likelihood and Type of Recovery
Stopped at a traffic light in New London and rear‑ended by a distracted driver; documented injuries.	0%	Full recovery of economic and non‑economic damages.
Rear‑ended in Willimantic, but your brake lights weren’t working; both drivers share fault.	20%	Partial recovery; total damages reduced by 20%.
You stopped suddenly without reason; the rear driver was also distracted on I‑395 near Norwich.	50%	Partial recovery; you may recover 50% of total damages.
You intentionally brake‑checked a tailgater on Route 32 in Montville, causing the crash.	More than 50%	No recovery; barred by Connecticut’s comparative negligence rule.
Minor fender‑bender in Groton with no immediate symptoms and no property damage.	N/A	No personal injury recovery at this time; a claim requires documented damages, which may be diagnosed later.

Steps to Take After a Rear‑End Accident in Eastern Connecticut

1. Seek Safety & Call 911: Move to a safe location. If anyone is injured or property damage is likely to exceed $1,000, a police report is required by law.
2. Seek Medical Care: Even if you feel okay, still get evaluated. Early records help document latent injuries from a rear‑end accident.
3. Exchange Information: Obtain the names, contact details, insurance information, and license plate numbers for all drivers involved.
4. Document the Scene: Photograph vehicle positions, damage, road conditions, and signals. Preserve dashcam footage if available.
5. Avoid Admissions: Keep statements factual; don’t speculate about fault at the scene.
6. Notify Your Insurer Promptly: This is a contractual duty; delays can affect first‑party coverage.
7. Consult a Trusted Connecticut Attorney: An experienced lawyer serving Norwich and New London County can gather evidence, manage insurers, and help maximize recovery while you focus on treatment.

After a rear-end accident in Connecticut, the law provides strong protections for injured victims; however, outcomes depend on the evidence and fault percentages. Timely medical care, proper reporting, and guidance from a trusted, experienced trial attorney in New London County can make a difference in your case.

From Financial Crisis to $2 Million Verdicts: The Transformation of Anderson Trial Lawyers

In the legal world, success is often measured by the final verdict, but for Chris Anderson, President of Anderson Trial Lawyers, the most important victory was the one that saved his firm from the brink of collapse. In a candid reflection on his career, Anderson shares the story of a sudden partnership split in 2005 that left him responsible for 100% of his firm’s overhead with only a fraction of the revenue. For two years, he faced the grueling reality of borrowing from family just to meet payroll—a period of survival that eventually paved the way for a revolutionary approach to trial law.

The Turning Point: The “Michael Jordan of Vets”

The trajectory of the firm changed forever in 2008 with a landmark slip-and-fall case involving a specialized veterinarian. By combining a meticulous “lost-earning-capacity” argument with a simple, gut-wrenching emotional appeal regarding the client’s inability to teach his daughter to ride a bike, Anderson secured a $2 million verdict. This win provided the financial “safety net” that allowed him to stop playing defense and start building a more resilient, data-driven practice.

A New Model: Character, Technology, and Efficiency

Anderson’s journey from 13 lawyers to a lean, six-person team offers a masterclass in modern law firm management. Shifting away from traditional hiring, he began looking for “character over expertise,” bringing in talent from service industries like Starbucks and the casino world. Today, the firm balances family legacy—practicing in Norwich since 1967—with cutting-edge innovation. By utilizing AI tools like Eve to slash document drafting times from days to minutes, Anderson Trial Lawyers has proven that a small, tech-empowered team can out-perform firms three times their size.

Read the full story of Chris Anderson’s journey on Eve Legal: A Partner Walked Out. I Struggled for Two Years. Here’s How I Saved the Firm.

Let’s Discuss Your Case

Accident cases have numerous complexities, whether you’re filing a claim with an insurance company or seeking compensation from negligence, the attorneys at Anderson Trial Lawyers are here to assist. The attorneys at Anderson Trial Lawyers can help you collect the information you need to present a strong claim. Contact us online or call 860.886.8845 to set up a free consultation.

DISCLAIMER: This content is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Connecticut law imposes strict statutory deadlines for filing claims. If you have been injured, you must consult an attorney immediately to discuss your specific deadline, as failure to file within the required timeframe may result in the loss of your claim. Past results do not guarantee or predict a similar outcome in any future matter.

Anderson Trial Lawyers Secures $2.71 Million Jury Verdict for Coventry Car Accident Victim

Anderson Trial Lawyers secured a $2.71 million jury verdict on behalf of an East Haddam man who was seriously injured in a 2019 car accident in Coventry, Connecticut.

The verdict, returned in Connecticut Superior Court, reflects the serious nature of the injuries caused by the crash and the long-term impact those injuries have had on the client’s health, daily life, and future medical needs.

For individuals facing the aftermath of a serious motor vehicle accident, this result underscores an important point: when injuries are significant and the insurance process becomes a battle, experienced legal representation matters.

2019 Coventry Car Accident Led to Years of Medical Treatment

The crash occurred on July 15, 2019, on Main Street in Coventry. The client was driving a work van when he was rear-ended and pushed into a chain-reaction collision.

What happened in a matter of seconds had consequences that lasted for years. According to the evidence presented at trial, the crash caused injuries that affected the client’s ability to engage in everyday activities and required substantial medical treatment and related care.

Serious car accident injuries often extend far beyond the date of the crash itself. In this case, the evidence showed ongoing physical limitations, pain, and future treatment needs that continued well after the collision.

Anderson Trial Lawyers Represented the Injured Victim Through Trial

Anderson Trial Lawyers represented the injured victim throughout the case and presented evidence showing both the immediate and long-term effects of the crash.

That evidence addressed the client’s medical expenses, the impact of the injuries on his daily life, and the care he is expected to need in the future. The firm’s work focused on presenting a full picture of how the collision changed the client’s life—not only financially, but also personally and physically.

For injured victims, a personal injury case is about more than recovering bills or lost wages. It is about making sure the full extent of the harm is recognized and that the injured person has the resources needed to move forward.

Jury Award Included Economic and Non-Economic Damages

Following the trial, the jury awarded a total of $2,710,000 in damages, including:

• $1.11 million in economic damages
  
• $1.6 million in non-economic damages
  

The verdict included compensation for both past and future losses. It recognized not only the financial costs associated with the accident, but also the pain, suffering, and long-term limitations resulting from the client’s injuries.

The jury also found that the plaintiff had proven the need for future prescription medication, with annual costs exceeding $15,000.

Why This Car Accident Verdict Matters

This verdict is significant not simply because of the amount awarded, but because it reflects the lasting consequences a serious crash can have on an injured person’s life.

In many car accident cases, the legal process is essential to securing fair compensation. Medical care, ongoing treatment, lost earning capacity, pain, and future needs all deserve to be taken seriously. A verdict like this shows the importance of building a case that fully accounts for those damages.

For anyone dealing with a serious injury after a Connecticut car accident, this case is a reminder that the effects of a crash can be long-term—and that pursuing compensation may be necessary to protect both recovery and financial stability.

Connecticut Personal Injury Representation for Serious Accident Cases

At Anderson Trial Lawyers, representing injured clients means taking the time to understand how an accident has affected every part of a person’s life. From the initial investigation through trial, the firm works to pursue full and fair compensation for people injured in serious motor vehicle accidents.

Anderson Trial Lawyers is proud to have represented this client and to have secured a verdict that reflects the full scope of the harm he suffered.

Let’s Discuss Your Case

Vehicular accidents result in numerous complexities, whether you’re filing a claim with an insurance company or seeking compensation from a negligent driver, the attorneys at Anderson Trial Lawyers are here to assist. The attorneys at Anderson Trial Lawyers can help you collect the information you need to present a strong claim. Contact us online or call 860.886.8845 to set up a free consultation.

DISCLAIMER: This content is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Connecticut law imposes strict statutory deadlines for filing claims. If you have been injured, you must consult an attorney immediately to discuss your specific deadline, as failure to file within the required timeframe may result in the loss of your claim. Past results do not guarantee or predict a similar outcome in any future matter.

Common Tactics Used to Deny Insurance Claims

Dealing with an insurance claim denial in Connecticut can be frustrating and overwhelming. You thought your policy would have your back after an accident, but now the insurer is pushing back. Why does this happen? The reality is that insurance companies are businesses focused on protecting their bottom line. They sometimes rely on familiar tactics to delay, deny, or minimize claims, hoping you’ll give up or settle for less than the fair compensation you deserve. Understanding these tactics can help you stay prepared and advocate for your rightful compensation.

Insurance adjusters are trained to protect the company’s interests. They might seem friendly or helpful, but remember that their goal is often to save money for the insurer. This can lead to strategies that unfairly deny or devalue valid claims, leaving accident victims financially vulnerable. The good news is that if you recognize how these tactics work, you can take steps to counter them and protect your rights with the guidance of a professional.

Below are some common tactics insurance companies use to deny claims – and tips on how legal counsel can fight back. Keep in mind that Connecticut law provides certain protections for claimants, and you don’t have to accept an unfair insurance claim denial at face value.

Minimal Property Damage (“MIST” Cases)

One tactic you might encounter is the argument that if the car isn’t hurt then the person isn’t hurt. Back in the day, they referred to these cases as M.I.S.T. cases, or Minor Impact Soft Tissue cases. If your car only has a small dent or scratch, an insurance adjuster may claim that you couldn’t possibly have been hurt. They often use the lack of significant vehicle damage as an excuse to deny or downplay injury claims. This is based on the myth that a minor fender-bender can’t cause significant injuries – a myth that is often challenged in legal proceedings.

In reality, even low-speed collisions can jolt the human body in ways that cause serious harm. Medical studies confirm that whiplash injuries, for instance, frequently occur at speeds as low as 5 to 10 miles per hour. Soft tissue injuries, such as sprains or strains to the muscles and ligaments of the spine, are common consequences of car accidents. Because these injuries are often “harder to diagnose,” they are “frequently questioned by insurance companies,” requiring strong legal advocacy to prove their legitimacy and recover compensation.

How Legal Counsel Fights Back:

The appropriate response when facing the MIST argument is to rely on medical and accident reconstruction evidence. An attorney focuses on gathering detailed medical documentation, which may include opinions from treating doctors, to establish a clear connection between the crash and your symptoms.

Furthermore, an attorney may secure expert testimony to explain to the insurer or a jury how the forces of even a minor accident can cause significant soft-tissue or spinal injuries, thus dispelling the myth that vehicle damage must correlate directly with the severity of personal injury. This process aims to secure maximum damages for your injuries.

Comparative Negligence and Shifting Blame

Another common strategy is for the insurance company to shift the blame onto you. This is known as comparative negligence – essentially claiming that you were partly (or mostly) at fault for the accident, so they shouldn’t have to pay full value on your claim. An adjuster might suggest things like “You were going a bit too fast” or “You weren’t paying enough attention”, even if the other party was clearly at fault. Why do they do this?

Connecticut follows a modified comparative negligence law, outlined in Connecticut General Statutes § 52-572h. This law specifies that a claimant can still recover damages as long as their share of fault is 50 percent or less. If the claimant is found to be more than 50 percent responsible, they are completely barred from recovering any compensation.⁴ Insurers routinely use this system strategically by attempting to maximize the claimant’s percentage of negligence to reduce or extinguish liability entirely.

How Legal Counsel Fights Back:

A personal injury attorney’s role is to ensure that fault is allocated fairly and based on objective evidence, not on the insurance company’s unsupported assertions of negligence. This involves a thorough review of police reports, witness statements, accident reconstruction data, and any available video footage.

Retained counsel works to prevent the insurance company from mischaracterizing evidence or using slight operational errors to unfairly push your fault past the 50 percent threshold, ensuring that the compensation owed reflects the true dynamics of the crash and that you recover the maximum possible damages.

Pre-Existing Conditions

Insurance companies also frequently investigate your medical history, looking for pre-existing conditions or old injuries. This tactic works by the adjuster arguing that your current injury is not new or is not the result of this accident, but rather something you had all along, justifying an insurance claim denial.

The law recognizes that someone who had a prior issue can still suffer new harm. Connecticut law follows the “Eggshell Plaintiff” doctrine, meaning defendants are liable for the full extent of a plaintiff’s injuries, even if those injuries are more serious due to a pre-existing medical condition or fragility. However, recovery is limited to the aggravation of the pre-existing condition, not the original condition itself. But that makes common sense.

How Legal Counsel Fights Back:

The key to countering this tactic is strong, differentiated medical documentation. Retained counsel works closely with your treating physicians to secure clear medical opinions that demonstrate how the recent accident specifically caused a worsening of the pre-existing condition or created entirely new injuries. This evidence is essential to obtaining compensation.

An attorney can also advise you regarding the scope of medical records authorization, ensuring the insurance company’s investigation is appropriately limited to relevant records. By clearly separating the damages caused by the accident from prior conditions, an attorney helps meet the burden of proof required in Connecticut courts to secure compensation for your injury aggravation.

Injuries or treatment rendered more than 10 years before an incident is considered too remote in Connecticut and kept out of a case. A good trial lawyer knows this and will make sure such information is excluded.

Lack of Proper Investigation

Insurers have a legal duty to investigate claims fairly. However, some issue denials without reviewing all available information, such as ignoring witness statements or misinterpreting facts.

It is important to understand that a routine claim denial does not automatically constitute actionable statutory bad faith. Connecticut General Statutes § 38a-816 defines “unfair practices” that must be met to establish bad faith, such as failing to attempt a prompt, fair, and equitable settlement when liability has become reasonably clear. Denials based on legitimate disputes over comparative negligence or medical necessity typically do not meet this high legal standard.

How Legal Counsel Fights Back:

If a claim is denied without a fair review, an attorney can hold the insurance company accountable by documenting the missing or ignored evidence, such as witness statements, police reports, or vehicle damage assessments. By communicating in writing and formally presenting clear evidence, a lawyer can prompt a more serious review of the claim.

If the insurance claim denial is unwarranted, an attorney can help the claimant understand if the insurer’s conduct meets the standard for bad faith negligence and subsequently advise on the potential legal action required to resolve the dispute.

Biased “Expert” Testimony

Insurance companies don’t just rely on adjusters – they often bring in “experts” to bolster their reasons for denying your claim. These may include doctors performing an “independent medical examination” (IME), accident reconstruction specialists and biomechanical experts hired and paid by the insurer. These experts often downplay injuries or suggest treatment is unnecessary, providing the insurer with an opinion they can use to dispute liability or damages.

Claimants have rights when facing an IME in Connecticut, including the right to have a friend or family member present for support and the right to request that the examination be recorded. However, the rules governing IMEs are technical and complex, governed by procedural rules laid out in the Connecticut Practice Book.

How Legal Counsel Fights Back:

An attorney serves as your strategic partner in challenging biased reports. If an IME report is unfavorable, an attorney can review the findings, present contradictory evidence from your treating physician, and, if necessary, seek a second opinion from a qualified, objective specialist. This is critical for securing fair compensation.

In cases of serious dispute, an experienced personal injury attorney will know how to find credible experts to counter the insurer’s narrative. Furthermore, during any legal proceedings, counsel can cross-examine the insurance company’s experts, exposing biases or inconsistencies in their testimony to ensure the client’s story is heard and proper compensation is awarded.

Don’t Give Up – You Have Options

Facing these insurance company tactics can be exhausting, but knowledge is power. By understanding strategies like minimal property damages arguments, comparative negligence claims, pre-existing condition excuses, poor investigations, and hired-gun experts, you can respond more confidently. Always remember that an insurance claim denial is not the end of the road.

Navigating Your Next Steps:

When a claim is denied, you have several avenues for recourse, including internal appeals or filing a lawsuit. However, decisions regarding claim appeals and the timing of filing a lawsuit must be made in consultation with an attorney, as statutory deadlines for filing a lawsuit are extremely strict and non-negotiable. The law governing negligence claims in Connecticut, General Statutes § 52-584, is complex, involving both a discovery rule and an absolute deadline. Attempting to manage the appeal process without legal counsel could result in missing the critical filing deadline, thereby voiding your entire claim.¹¹

Most importantly, you don’t have to navigate this battle alone. In Connecticut, help is available for those dealing with unfair insurance claim denial or lowball offers. An experienced personal injury attorney can guide you through the process, handle communications with the insurer, and advocate for the fair damages and compensation you deserve.

Let’s discuss your case

If your valid claim has been denied or undervalued by an insurance company, the attorneys at Anderson Trial Lawyers are here to assist. We understand these insurance tactics inside and out and have experience fighting them.

Contact us for a free consultation, and let us review the details of your situation. We’ll help you explore your options – whether it’s negotiating a better settlement or pursuing legal action. You don’t need to accept an unfair insurance claim denial. Let’s talk about how we can help you push back and seek the compensation you need to move forward.

DISCLAIMER: This content is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Connecticut law imposes strict statutory deadlines for filing claims. If you have been injured, you must consult an attorney immediately to discuss your specific deadline, as failure to file within the required timeframe may result in the loss of your claim. Past results do not guarantee or predict a similar outcome in any future matter.

To see how devastating commercial truck accidents can be, one need only look at two tragic
incidents from Connecticut history.

In 1983, a tractor trailer plowed into vehicles at a Stratford toll booth on the Connecticut
Turnpike, killing seven people and injuring several more. Survivors filed claims against both the
driver, charging that he had been driving negligently, as well as the North Carolina company
which owned the truck.

Another horrific accident occurred in 2005 when a commercial dump truck lost its brakes while
descending Avon Mountain, causing a massive pileup that killed four people and injured 11
others. Lawsuits were filed against the trucking company and its insurance company.

Commercial truck accidents can cause life-changing injuries and damages, due to the size of
the vehicles and the speeds they are driven. If you or a loved one are injured in this type of
crash, a personal injury attorney who has handled these types of cases, has the resources to
pursue these type of cases, can play a critical role in determining responsibility for the accident
and pursuing fair compensation for you.

How commercial truck accidents happen

As with any motor vehicle accident, there are different factors that can lead to an accident.
Some of the most common ones in commercial trucking accidents include:

• Driver distraction or fatigue: Commercial truck drivers often work long hours, which can contribute to fatigue. They are also more to use a cell phone, eat, or otherwise engage in distracting activities while behind the wheel. This, in turn, can impair their judgment and reaction time.
• Speeding or aggressive driving: Drivers are often expected to keep strict delivery schedules, and may try to do so by exceeding speed limits, driving too fast for the weather or road conditions, or using aggressive driving maneuvers like weaving in and out of traffic. Any of these behaviors will reduce the driver’s reaction time and increase
  the likelihood of a crash.
• Poor vehicle maintenance: If a trucking company does not properly maintain their vehicle fleet, problems with the brakes, tires, or other critical components can lead to an accident.
• Improper loading: Cargo must be properly loaded and secured before a truck begins its journey. If this important process is not done correctly, the cargo can shift during the trip and make the vehicle more unstable and difficult to control.
• Impairment: Commercial truck accidents may occur if a driver is under the influence of alcohol or drugs.

Why commercial truck accidents are so serious

Any serious vehicle accident can lead to injuries or deaths. However, crashes involving commercial trucks are often more likely to cause serious injuries or fatalities than collisions between smaller vehicles because the trucks are significantly larger than passenger vehicles, which creates greater force during a crash. The likelihood of serious injury or death also increases depending on the load it is carrying.

Certain hazards make commercial trucks more challenging to drive, which makes a crash more likely if a driver is not carefully following traffic rules. The size of these trucks means the driver’s blind spots are also larger, so the driver may have more difficulty seeing smaller vehicles. In addition, the distribution of the truck’s cargo can make it more difficult to handle, these vehicles require a longer stopping distance when a driver must react to sudden hazards.

Who might be at fault in a commercial truck accident

The defense in several parties can be held responsible in a commercial truck accident, and a thorough investigation is required to adequately determine who may be at fault. Responsibility may rest with some or all of the following:

• The truck driver: The driver can be held responsible if they were distracted, intoxicated,
  or otherwise negligent when operating the vehicle.
• The trucking company: This party can be held responsible if they failed to maintain the
  truck, abide by safety regulations, train drivers, or otherwise reduce the risk of an
  accident involving one of their vehicles.
• The truck manufacturer: If a defective vehicle part led to the accident, the
  manufacturer can be included in a claim.
• The cargo loader: If the accident was a result of cargo being improperly loaded onto a
  truck, this party can be held responsible.

Additional parties may also be found to play a role in the accident. These could include other drivers whose reckless actions contributed to a crash or a recruiting agency that hired a negligent driver.

How a personal injury lawyer can help

Due to the complexity involved in commercial truck accident claims, a personal injury attorney
with experience handling trucking accidents can provide valuable assistance. An attorney will
help investigate the crash, gather evidence in a timely manner to support a claim, find expert
witnesses, and determine appropriate damages.

The attorneys at Anderson Trial Lawyers are knowledgeable about the laws related to the
trucking industry, and in particular the regulations set by the Federal Motor Carrier Safety
Administration. These rules are designed to keep truck drivers and others on the road safe by

setting requirements for driver licensing, securing cargo, capping work hours, maintaining a
vehicle fleet, and more. An attorney’s investigation will determine if a driver or trucking company
violated these rules in an attempt to save time and money. An attorney can also help you win
appropriate compensation for your injuries by identifying all potential at-fault parties.

Let’s discuss your case

If you or a loved one have been involved in a commercial truck accident, the attorneys at
Anderson Trial Lawyers are here to assist you and your family. You can make an appointment
by using our contact form or calling us at 860.886.8845.

It’s impossible to put a dollar amount on the loss that occurs when a loved one dies in an accident, but wrongful death claims are filed with this intent. Connecticut’s Wrongful Death Statute allows the estate of a person who has been killed due to the negligence of another a way to cover the expenses incurred by the family, such as medical care and funeral costs, the loss of the ability of the deceased person to earn money, and fairly and reasonably compensate for the physical pain and suffering sustained by the deceased before death.

One factor in these calculations is determining how long the decedent would have lived if they had not died due to the negligent actions of another person. In this blog, we’ll review some of the considerations that go into determining the potential lifespan in a wrongful death claim.

Life expectancy models

There is no single legal standard to determine a decedent’s potential life expectancy. The courts will consider each wrongful death claim on a case-by-case basis and often rely on life expectancy models in making its determination. Attorneys must present a model they believe is both accurate and relevant to their claim.

The strongest life expectancy models are evidence-based and peer-reviewed. For example, courts will often rely on models presented by agencies like the Social Security Administration and the Centers for Disease Control and Prevention.

The court may also rely on expert witnesses to interpret these models and apply them to the claim. Once a reasonably likely lifespan is determined, forensic economists will consider data such as the decedent’s earnings and potential future income to determine how much they likely would have earned if they had not lost their life.

Factors influencing life expectancy

Several factors may be considered when determining how long the decedent would have been able to live had the accident not occurred. Key ones include:

• Age: In general, these trusted sources use calculations that determine those who will have a longer lifespan than others. At times, if a younger person has not established a history of earning capacity, they may have a tougher time convincing a jury of that person’s future losses.
• Gender: Life expectancy is greater for women, with current data showing that women live an average of six years longer than men.
• Health history: The decedent’s health history, as well as their family health history, will help determine potential lifespan.
• Lifestyle: Good habits such as regular exercise, adequate sleep, and a nutritious diet can also add to the expected lifespan.
• Occupation: The calculated lifespan will be longer if the decedent was involved in a relatively risk-free career, such as a job in an office environment.

Common arguments for shortening life expectancy

The defense in a wrongful death claim will naturally argue for a shorter expected lifespan in these calculations since doing so will also reduce the overall compensation owed to the estate. Some common points the defense may raise in arguing for a shorter life expectancy include:

• Pre-existing health conditions: The presence of any serious health problems, including chronic issues like asthma or diabetes, a family history of serious illnesses, or past injuries or surgeries that could contribute to an earlier death.
• Lifestyle choices: Some lifestyle choices may be associated with a reduction in lifespan, including smoking, substance abuse, or sedentary habits.
• Risk-taking: Anything that shows the decedent was prone to riskier and potentially lethal behaviors, such as a reckless driving record or dangerous hobbies.
• Occupational hazards: This issue may be raised if the decedent was employed in a position with a higher rate of on-the-job injuries or deaths or if their job is associated with high stress or other factors that could potentially shorten their lifespan. The defense may also argue that the decedent’s working years would have been limited due to this factor.
• Lower socioeconomic status: If the decedent has a lower socioeconomic status, the defense may argue that this would have reduced their likely lifespan. They may also use this factor to argue that the decedent would have less earning potential in the future.

The family of the decedent can rebut these claims by presenting evidence that can strengthen the argument that the decedent would have enjoyed a long lifespan. This might include health records showing that any pre-existing conditions were not severe or were being managed through treatment, professional certifications showing a commitment to safety at work, or indications that the decedent had quit smoking or was otherwise making efforts to adopt a healthier lifestyle.

Lifespan versus working life

Calculations in wrongful death suits must also distinguish between how long the decedent was likely to live and how long they were likely to work. Both factors will be considered in order to weigh potential earnings against the living expenses the decedent would likely incur in their retirement.

Economic models will consider factors such as the average number of working years in the decedent’s profession, their likely retirement age, and other data points such as statistics on the state and national labor participation rate. They will also attempt to project the decedent’s likely career based on information such as age, education, income, work history, and industry trends.

These models will also consider income the decedent would have continued to earn after they left the workforce. This may include the appreciation of value in assets such as retirement accounts, stocks, bonds, and real estate, as well as passive income.

Considerations for children and elderly decedents

There are unique challenges in determining damages for wrongful death claims involving children. Although the court will regard the death of a child due to negligence as a particularly egregious loss, it will not often consider lost earning potential when determining damages. This is because the lack of data on the child’s health, education, and career trajectory would make such a determination purely speculative.

Lost earnings may be considered for older children, such as high school and college students when it can be shown that they were on track to start a career. This is more likely when their academic record, extracurricular activities, and internships can be presented as evidence to show that they were working toward a certain field.

The court is also less likely to consider lost earnings in wrongful death claims involving elderly clients, even if they were working at the time of their passing, because they may have been near the end of their expected lifespan. However, lost earnings may still be awarded if the plaintiff can show evidence, such as medical records and work history, to demonstrate that the decedent was in good health and planned to continue working.

Let’s review your case

Wrongful death claims are very complex, and a skilled attorney can help you determine fair compensation. If you have suffered the loss of a loved one due to the negligence of another person, Anderson Trial Lawyers can help you receive fair compensation for your loss through a thoughtfully prepared wrongful death claim. Contact us online or call 860.886.8845 to set up a free consultation.

When you’re injured in an accident, your first priority should be to focus on your medical recovery and getting back to your family obligations, your job and enjoyment of life’s activities. But the date you get injured due to someone else’s negligence starts an important clock: the clock governing your legal ability to file a personal injury claim. 

It’s important to begin preparing your personal injury claim quickly after your injury. Gathering evidence (police reports, dash/body cam footage, 911 calls, cell phone data, etc.) is crucial at the beginning of a claim. Failing to obtain this information at the beginning is not fatal to a case, as there are options for filing a claim, even if a considerable amount of time has passed since your injury. But moving quickly and preserving this evidence is important, and having an attorney that knows what to do and when makes a difference.

In Connecticut, for most personal injury claims, you only have two years to act

Personal injury claims have a statute of limitations, which sets a time period during which you can seek compensation from a negligent party. If you file a claim after the statute of limitations has passed, you will likely lose your ability to make the claim even if the defendant was responsible for your injuries.

The statute of limitations exists because evidence related to a claim, such as witness recollections, can become less reliable over time. When the evidence is less reliable, claims become more open to speculation and disagreement, making it more difficult for the court to make a fair decision. The idea of a statute of limitations is to address personal injury claims quickly and efficiently and to reduce the possibility of stale or fraudulent claims.

For most personal injury claims in Connecticut, the statute of limitations is within two years from the date when the injury or damage complained of is discovered or, in the exercise of reasonable care, should have been discovered.

There are some claims, however, where the time to file is even tighter. To make sure you have filed your claim in a timely manner, you should consult with an experienced trial lawyer as soon as possible.

When you have more time to file your claim

State law on the statute of limitations is particularly complex, and the circumstances of your claim may allow additional time to file a personal injury claim. Again, to make sure you have filed your claim in a timely manner, you should consult with an experienced trial lawyer as soon as possible. Examples of cases where the statute of limitations could be longer than two years include:

• Products liability claims
• Asbestos claims
• Sexual abuse claims

The court may permit “tolling,” or stopping the clock on the statute of limitations, in certain circumstances. If a plaintiff has been mentally incapacitated in an accident, the statute of limitations will begin on the date they regain their cognitive abilities.

In medical malpractice cases in Connecticut, a plaintiff can request a one-time, 90-day extension on the statute of limitations to allow a plaintiff to have an expert review the case to determine if the medical professional breached the standard of care towards the plaintiff.

Striking the right balance

Waiting too long to file a personal injury claim risks the possibility of going past the statute of limitations, but filing a claim too soon can also be problematic. Rushing to file a claim can lead to numerous problems, including:

• Incomplete medical records: Failing to accurately account for your medical treatments allows the defense to challenge the cause or extent of your injuries.
• Missing evidence: Overlooking critical evidence that can help support your claim reduces the chances of the jury finding in your favor.
• Inaccurate cost estimates: Filing a claim before you’re fully aware of the financial impact of your injuries may lead you to request compensation that falls short of what you need.
• A difficult legal position: Claims filed too quickly may not be in position to evaluate all the damages you will have; the defense may make arguments that your case is not worth what it ultimately will be worth, and the courts may rush your case to trial when it is not fully developed.

All of these issues increase the possibility that your claim will not be properly evaluated, and you may receive reduced settlement offers or verdicts.

Your best option is to take some steps immediately to begin preparing your claim but to give yourself enough time to strengthen it before filing it. This will also give you a better sense of the financial cost of your injuries, how they have impeded your lifestyle, and whether they will have an ongoing impact.

What you can do right away

There are several steps you can take immediately after your injury to begin developing a personal injury claim. You should take these steps even if your injuries don’t seem severe, since minor injuries can lead to more substantial complications at a later date.

• Seek medical attention: By seeing a doctor, you’ll quickly identify any health issues that might be connected to an accident. Taking this step will also counter defense efforts to claim that your injuries were caused or worsened by a failure to seek treatment.
• Consult with an experienced trial attorney: A legal consultation will help determine if you are able to file a personal injury claim. If you have a case, an attorney can immediately begin assisting you in building a strong claim.
• Begin gathering evidence: It’s important to start collecting evidence that can support your claim as soon as possible when recollections are still fresh. This evidence can include witness statements, insurance claims, medical records, and police reports.

Other deadlines

While preparing a personal injury claim, you’ll need to be aware of other deadlines related to your claim as well in addition to personal injury deadlines — such as workers’ compensation claims and product liability claims, for example.

Auto insurance policies often don’t have a firm deadline on when you need to file a claim for the medical payments coverage you have paid for, if you are injured after a car accident. Instead, they’ll say that the claim should be submitted “promptly” or “within a reasonable time.” 

Unfortunately, this also means that an insurance company can try to deny a claim by arguing that you waited too long to file, and these decisions can sometimes be arbitrary. For this reason, it’s important to file a claim for the medical payments coverage as soon as possible after an accident. An attorney can be helpful during this process, assisting with things like filing the claim and evaluating the insurance company’s settlement offer.

Workers’ compensation claims in Connecticut must be filed with an employer within one year of the injury or within three years of the symptoms of the first manifestation of an occupational disease. As with other claims, it’s important to act quickly by informing your manager or supervisor as soon as you are injured or notice symptoms.

Let’s review your case

The team at Anderson Trial Lawyers has been a trusted partner for Eastern Connecticut individuals and families for decades, helping them to build strong claims and get the compensation they deserve by filing claims in a timely manner. Contact us online or call 860.886.8845 to set up a free consultation.

When we think of defective products, we usually picture something that is poorly designed or inadequately manufactured. However, a product can also be considered defective if a company does not adequately inform consumers about its safe use. 

Insufficient instructions or warnings are an example of a marketing defect, where failing to properly communicate with consumers poses potential risks. This type of defect can occur even if the design and manufacture of the product are not defective.

Failure to warn is a legal principle that may come up in products liability claims. This principle holds that consumers have a right to be informed about any potential hazards or risks so they can make informed decisions when using a product or choosing whether to buy it.

What responsibility does a company have to warn consumers about risks?

Since some products may present inherent dangers associated with the normal and foreseeable use of a product, companies that manufacture and sell products have a duty to warn consumers about them.

A company can be held liable in a personal injury claim if they do not provide sufficient instructions on how to use a product, as well as warnings about any potential risks. In these claims, a plaintiff must show that inadequate instructions or warnings contributed to their unsafe use of the product, which resulted in their injury.

Some examples of failure to warn include:

• Failing to update warnings with new information on potential hazards
• Failing to include labels or instructions warning about potential hazards
• Failing to warn about risks that may not be obvious to the consumer
• Using unclear or ambiguous language in instructions or warnings
• Omitting important information, including instructions on the proper storage, maintenance, and disposal of a product
• Improper placement of a warning label, such as locating it where it cannot easily be seen or only including the warning in the instruction manual or on packaging materials

Who can be held responsible for failure to warn?

Creating a product and bringing it to consumers requires a chain of distribution. When a product causes injury due to inadequate instructions or warnings, one or more of the following could be to blame:

Manufacturers

Companies that design and manufacture products are responsible for assessing the potential risks of a product and providing clear instructions and warnings about how to use the product safely. 

Distributors

If a manufacturer uses a separate distribution company to deliver its products to consumers, this company may have a duty to communicate potential risks to a retailer or directly to a consumer. 

Retailers

Retailers may be held liable for failure to warn if they do not make consumers aware of a product’s potential risks, do not provide products with updated warnings, or do not warn a consumer that they have modified a product in a way that introduces new risks.

Other parties can also be held responsible for failing to warn about risks, including wholesalers and suppliers. Individuals who are selling a used item generally have more limited liability but can still be held responsible if they do not warn a buyer about known defects or dangers.

Can a manufacturer still be liable if they were unaware of a risk?

Yes. Being unaware of a risk is not an acceptable defense since manufacturers have the responsibility to identify and address potential hazards before a product becomes available to consumers.

Manufacturers must go through a quality control process, including researching and testing products, to identify potential risks and make consumers aware of them. This responsibility continues after the product goes to market, as manufacturers are expected to do post-market surveillance, collect and analyze data, assess consumer feedback, and make reports to regulatory agencies. This process allows them to note any safety concerns and address them.

If a safety issue does come up after a product goes to market, a manufacturer must take reasonable actions to address it. This could include issuing a product recall and communicating with the public, as well as others in the distribution chain, about recommended actions.

When is a warning necessary?

Manufacturers aren’t expected to warn about every single scenario where the use of their product could cause injury, although they may seek added liability protection by including seemingly common sense precautions. This is why you occasionally see warnings as obvious as a jar of peanut butter with the label “Warning: contains nuts.” 

In addition to providing instructions and warnings about the safe use of their product and potential risks involved in its use, manufacturers must provide warnings about the foreseeable misuse of their product. This typically addresses hazards associated with mistakes that a consumer could easily make, such as incorrectly installing a child’s car seat. Manufacturers must also advise when a product creates greater risks for certain consumer groups, such as young children or pregnant women. 

A manufacturer is not expected to provide a warning if a risk is obvious or common knowledge. For example, a cutlery manufacturer doesn’t need to include a warning label on each of its knives advising that they are sharp since consumers will be aware of this fact. Warnings are also not required for simple or common objects where normal use does not create any foreseeable risks.

Let’s review your case

If you have questions about a products liability claim, set up a free consultation with the team at Anderson Trial Lawyers today. Contact us online or call 860.886.8845.

Whenever car accidents occur, the drivers involved are expected to exchange information. This process creates a record of the accident and allows the drivers — and their attorneys — to stay in touch during the ensuing process of determining fault and resolving insurance claims. It also ensures that negligent drivers can be held accountable through a personal injury claim.

Hit-and-run accidents deprive accident victims of this process and make it more challenging for the victim to recover compensation for injuries and property damages. Having a skilled attorney on your side is crucial for understanding the complicated process of submitting an insurance claim after a hit-and-run accident and for recovering damages if the at-fault driver is apprehended.

Hit-and-run laws in Connecticut

Connecticut law requires that drivers who are knowingly involved in an accident must stop to provide their assistance to any other drivers involved and to share important information, including their name, address, and license or registration number. Even if no other drivers are involved, such as a single-vehicle crash that causes damage to a parked vehicle, the driver must make an effort to provide this information by informing a witness or calling the police.

Drivers who leave the scene of an accident can be charged with evading responsibility and other crimes. Penalties will vary based on the severity of the accident, ranging from fines for minor accidents to imprisonment for hit-and-run accidents resulting in a serious injury or death.

A hit-and-run accident can occur when a driver leaves the scene after striking a vehicle or another road user, such as a pedestrian or bicyclist. An accident resulting in property damage can also be considered a hit-and-run, such as a driver leaving the scene after colliding with a parked vehicle.

The challenges presented by a hit-and-run accident

When drivers follow the lawful process after an accident, an investigation will determine who is at fault. The victim can then make a claim to collect compensation through the at-fault driver’s auto insurance. This process also gives them the option of filing a personal injury claim against the at-fault driver if their negligent behavior caused an accident, and the auto insurance company is not valuing the loss correctly.

In a hit-and-run accident, a driver must instead seek compensation through their own insurance. This can make the process more burdensome since the insurance company will be relying on limited information. They may also treat such a claim with more suspicion since hit-and-run claims can be more susceptible to fraud.

Steps to take after a hit-and-run accident

Any hit-and-run accident should be promptly reported to the police, who will begin an investigation and try to track down the responsible driver. They can also collect evidence that will help strengthen any claims they make to their insurance company, including debris left at the scene, eyewitness statements, and surveillance or dashcam footage.

Hit-and-run victims should seek medical attention, even if they don’t believe they are seriously injured. They should also make medical appointments for any subsequent ailments that could be a result of the accident and keep a record of these visits.

Victims should also take steps to document the accident scene and maintain records of any expenses related to the accident, including medical expenses and vehicle repair bills.

Making an insurance claim after a hit-and-run accident

Connecticut law requires all drivers to carry a minimum coverage for uninsured or underinsured motorists (or UM/UIM insurance for short) of at least $25,000 per person and $50,000 per accident. This coverage allows drivers to receive compensation if they are involved in an accident with a driver who lacks auto insurance or has inadequate insurance. It can also be used to cover expenses related to a hit-and-run accident.

Check your specific policy to see what it offers for UM/UIM coverage. The minimum coverage is typically insufficient for covering the financial burden created by a hit-and-run accident, but some policies have higher amounts. The policy will also explain any exclusions or coverage limits. One such exclusion which may be in a policy is that there must be contact between your vehicle and the hit-and-run vehicle to make a UM claim.

Your policy may also provide direct compensation for certain expenses. For example, if you have collision coverage or medical pay insurance, you can use it to cover damage to your vehicle and medical care, respectively.

Claims should be filed promptly after the accident, and you’ll need to stay in regular communication with your insurance company to provide any necessary information or updates.

Providing documentation and evidence, such as the police report and witness statements, can help strengthen your claim. Insurance companies often seek to reduce the amount of money awarded in a claim, knowing that people may be eager to get at least some money to cover their mounting bills and accept a lower offer. Working with an attorney helps you get compensated fairly so that it can be used toward your current and future expenses.

What happens if the at-fault driver is identified?

Hit-and-run accidents have an additional complication in that the at-fault driver may turn themselves in or be apprehended at a later date. If the driver is identified, it might change the process of receiving an insurance claim while also opening up the possibility of filing a personal injury claim.

Since insurance claims should be submitted as soon as possible, you’ll need to follow up with your insurance company after the at-fault driver is found to update them on the situation. The insurance company may consider the matter closed if it’s already been resolved through your own insurance. However, they might also opt to adjust your claim to seek compensation from the driver’s insurer.

Once the driver’s identity is known, you can file a personal injury claim against them, seeking compensation for medical costs, lost wages, damaged property, and other expenses. Hit-and- run accidents are often considered particularly egregious because the driver intentionally tried to escape the consequences of the accident.

Defendants in these claims frequently argue that they did not know they struck an object or person or that the victim’s behavior contributed to the accident. An attorney can help build a strong claim that counters such arguments and proves that the driver was negligent.

Compensation may be available through other avenues as well. If the at-fault driver was intoxicated, any businesses or hosts who overserved them can be held liable. Hit-and-run victims are also eligible for Connecticut’s victim compensation program, which helps crime victims pay for expenses not covered by their insurance or other financial resources, to a limited extent.

Let’s review your case

Hit-and-run accidents result in numerous complexities, whether you’re filing a claim with an insurance company or seeking compensation from a negligent driver. The attorneys at Anderson Trial Lawyers can help you collect the information you need to present a strong claim. Contact us online or call 860.886.8845 to set up a free consultation.